Allowed

KandagatlaYadagiri And Another v. The State of Telangana And 5 Others

Telangana HC5 Jul 2023WP/8599/2023

Case brief

AI extract

What is this about?

The High Court granted a Writ of Mandamus directing the Registering Authority to receive, register, and release a Sale Deed executed in 2023 regarding a plot in Jawaharnagar, Medchal-Malkajgiri District, directing the authority to record reasons if refusal is sought under Section 71 of the Registration Act, 1908.

What did the court decide?

Directing the Registering Authority to receive, register and release the Sale Deed dt. 18.03.2023 subject to compliance with the Registration Act, 1908, and Indian Stamp Act, 1899.

KandagatlaYadagiri And Another Vs The State of… — Property and Title | Telangana HC (2023)

¶1

[^320e ]

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

¶3

WEDNESDAY ,THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

¶6

WRIT PETITION N : 8599 OF 2023

¶7

Between

¶8

KandagatlaYadagiri, S/o. Late K Laxminarayana, Aged about 60 years, Occ. Agriculture, R/o. H/No. 14-125, Main Road, Hasanparthy, Hasanparthy Mandal, Warangal - 506371

¶9

Gadeela Raghuveer Reddy, S/o. Gadeela Narasimha Reddy, Aged about 36 years, Occ. Business, Rio. H/No. 3- 1 1 ,Kondapaka,Kondapaka Mandal, Siddipet, Telangana - 502372

¶10

...PETITIONERS

¶11

AND

¶12

The State of Telangana, Rep. by its Prl. Secretary, Stamps and Registrations Dept., Secretariat, Hyderabad, Telangana

¶13

The State of Telangana, Rep. by its Prl. Secretary, Revenue Department, Secretariat Buildings, Hyderabad, Telangana

¶14

The District Collector, Medchal - Malkajgiri District, District Office Complexes, Anthaipally Village, Shameerpet [/andal, Medchal-Malkajgiri District, TS500078

¶15

The District Registrar, Medchal Malkajgiri District, Medchal-Malkajgiri, Telangana

¶16

The Sub-Registrar, Jawaharnagar Village, Kapra Mandal, Shamirpet SubDistrict, Medchal-Malkajgiri District, Telangana

¶17

The Commissioner and lnspector General (Registration and Stamps), Telangana, 5-3-953, Registration Bhavan,4th and 5th Floors, Nizam Shahi Road, Osmangunj, t\tlJ Market, Hyderabad, Telangana 50000'1

¶18

...RESPONOENTS

¶19

Petition under Article 226 o( the Constitution bf lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue Writ, Order or direction more^particularly one in the nature of writ of mandamus declaring the actions of the 5th Respondent in not entertaining,

¶20

receiving, registering and releasing the Sale Deed dt. 1810312023 executed by the 1st Petitioner in favour of the 2nd Petitioner to alienate all that plot No. 88 admeasuring 300 Sq. Yds. or 250.8 Sq. Meters in Survey Nos. 995 - 1000 and 1005 - 1008 of Layout File HUDA Permit No. 5155/lVP - 2/HUDA/96 dt. O4l08/1997 situated at Jawaharnagar, Jawahamagar Corporation, Kapra Mandal, Shamirpet Sub-District, tvledchal - Malkajgiri Registration District as illegal, arbitrary, unreasonable, unconstitutional and against the principles of natural justice and Section 71 of the Registration Act,^'1908 and to consequently direct the Sth Respondent to entertain, receive, register and release the said Sale Deed dt. 18t03t2023.

¶21

lA NO: 1 OF 2023

¶22

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Sth Respondent to entertain, receive, register and release the said Sale Deed J dt. 1810312023 executed by Petitioner No. 1 in favour of Petitioner No. 2 to alienate all that Plot No. 88 admeasuring 300 Sq. Yds. or 250.8 Sq. I,4eters in Survey Nos. 995 - 1000 and^'1005 - 1008 of Layout File HUDA Permit No. 5155/N/P - 2/HUDA/96 dt. 04.08.1997 situated at Jawaharnagar, Jawaharnagar Corporation, Kapra Mandal, Shamirpet Sub-District, [Vledchal - Malkajgiri Registration District pending disposal of the writ petition.

¶23

Counsel for the Petitioner : SRl. M PRATHEEK REDDY

¶24

Counsel for the Respondents: SRI B DILIP KUMAR

¶25

AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

¶26

HON,BLE DT. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.8599 OF 2023

¶27

ORDER:

¶28

Heard Sri M.Prateek Reddy, learned counsel for the petitioners as well as Sri B.Dilip Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos.1 to 6

¶29

Aggrieved by the action of the Registering Authority in refusing to receive, register and release the sale deed dated 18.03.2023 executed by the 1st petitioner in favour of [he 2nd petitioner in respect of Plot No.BB, admeasuring 300 square yards, located in Sy.Nos.995-1000 & 10051008 of Jawaharnagar Corporation, Kapra Mandal, Shamirpet Sub District, Medchal-Malkajgiri District, the present Writ Petition is filed.

¶30

Learned counsel for the petitioners submits that the sale deed presented by the petitioners for registration was not entertained by the Registering Authority for the reasons best kno'*,n to it. Learned counsel also states that no reasons were assigned for not entertaining the

¶31

¶32

U,CSL,] 1.^/.P No 8599 o12023

¶33

document that was prcsented for registration by the petitioners, rvhich is rrgainst the provisions of the Registration Act, 1908 and therefore, a direction to the appropriate authorit-y 1,o entertain the rlocument for registration may be issr,recl

¶34

Learned Assistanl Government Pleader for Stamps and Registration submits that necessary orders in that regard may be given.

¶35

Section 71 of thc l?egistration Act, 1908, reads as

¶36

follows:-

¶37

"Reasons for refusal 1o ; cgister to be recorded.--

¶38

(1) Every Sub-Registrar refusing to register zr document, except on the grorrnd that the propertv to which it relates is not situirtc rvithin his sub-district, shall make an order of refusal ancl record his reasons for such order in his Book No. 2, and endorse the words "registration refuscd" on the document; and, on application made br anv person exccuting or claiming under the documt-nt, shall, without payment and unnecessary delal', givc him a copy of tht: rcasons so recorded.

¶39

(2) No registering offirer shall accept for re,gistration a document so enclor sccl unless and until under the

¶40

DT.CSL,J W.P.No.8599^ol2023

¶41

( (

¶42

provisions hereina-fter^{contained' the documentrs} directed^{to be registered"}

¶43

The Registering^{Authority is not empoweredto refuse} registration^{of document/sexcept under the circumstances} mentioned^{under the RegistrationAct' 1908 and the Rules} made thereunder.^{Also, as per the version ofthe} petitioners, no^{reasons were assigned for not entertaining} the document^{which was presentedfor registration by} them. Therefore,^{this Court is of the view that directions as} .prayed for have to^{be given to the public authority directing} it to perform its^{functionas required under law'}

¶44

Hence, this^{Writ Petitionisdisposed of with the} following direction:-

¶45

Registeing Authoritg^{is directed to receiue,register} and release the^{doanmentpresented bythe} petitioners in^{respectof the subiectpropertyin case,} the said document^{compliesuith th'e prouisionsof} the Registration^{Act, 1908,and the lndiqn Stamp} Act, 1899.^{The RegisteingAuttaritycan refuseto} register the document^{in case, the saiddocument is}

¶46

¶47

Dr.CSL,l w.P.No 8599 ol2023

¶48

prohibited -fo, rectistrltion under anu^ofthe prouisiorts of lauL, Rules or Regulatic'ns^made thereuncler. Hou.teuer, the^{reasons assigned thereof} and the decision taken shall^{be communicated to}

¶49

the petilioners in turitin.g.^{There shall be no ord'er as}

¶50

to costs.

¶51

¶52

Miscellaneous pet itions^pending, if any, sha1l stand crosed' sD/-MoHD'^{s't+i3ip"'i$tts1} secffiOrrrCrn '/TRUE^coPY',/

¶53

¶54

To, 1. The^{Prl. Secretary' StanLp:and Registrations Dept ' State of Telangana And} ' s"ireirri,t' HYderabad' Telan9il"Xurt."nt, state of Telangana' Secretariat o Tha Prl Secretary,^Ke

¶55

y?LHXt'fi ::,1,ili5liJ1ii"o",:,T:,'"\t:

¶56

=tl'S*,1'3;Ei.,"l!'?ffi AnthaiPallY^{Village' >r} 5o0o78 Medchat^{-MalkaigiriDistrict,Medchal-Malkaigiri'}

¶57

1. The^{DistrictRegistrar} Telangana ,ewaharnagar Village,^{Kapra Mandal,Shamirpet sub-}

¶58

5 The Sub-Registrar'^J€

¶59

1lxffi,'*ru^::::

¶60

I Two^{CD CoPies}

SB GJP

t l

HIGH COURT

DATED:0510712023

ORDER

WP.No.8599 of 2023

i::<br>5r/i)'
/. -' c C:r.
' ,<br>l:.
IL :
01 iiljl 2U8
.-
<br>

¶68

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

¶69

viq
N//
1>

KandagatlaYadagiri And Another v. The State of Telangana And 5 Others

Case brief

What is this about?

What did the court decide?

KandagatlaYadagiri And Another v. The State of Telangana And 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Karivedya Sathyabama Vs The State of Telangana

Challuri Prathiba Alias Sabers Prathiba Vs The State of Telangana

Mr. G. Sai Nagadeep, Vs The State of Telangana

S. Digamber, Vs Prl.Secy., Endowments dept., State of T.S.

Temala Subhashini Yadav Vs The State of Telangana

J. Ramdhari Agrawal Vs The State of Telangana